Category: Blog

In recognition of the difficulties facing photographer's to register large volumes of photographs, the U.S. Copyright Office has announced that starting in February (2/20/2018) , they will accept group registrations of photographs via the online registration system (eCO). Each online application can include up to 750 images from a single copyright owner (not photographer). The Final Rule published by Copyright Office includes a number of other modifications, as well as a detailed discussion of the reasoning behind these changes.
Included in the discussion was this analysis of the needs of photographers:
The CVA surveyed 1,744 photographers and asked them to identify the average number of photographs that they take in a single day and over the course of a single month. The vast majority of the respondents—70%—reported that they take fewer than 750 photos on an average day, while another 17% reported that they take between 751 and 1,500 photos on an average day. This presumably represents the average rate for a daily photo...

Modification of Current Deposit Rules
The United States Copyright Office on Tuesday (January 17, 2018) published a modification to the current rules regarding registration of musical compositions. Under the current rules, registration of compositions that have been published in both print and as part of a sound recording can be registered by depositing a copy of the recording only. This modification, changes this rule and requires that the print edition be submitted. However, if only the recording exists at the time of the application, only the submission of the recording is required. This modification is in line with the requirement that applicants must submit the "Best Edition" of the work.
The final rule is available here and goes into effect on February 16, 2018.
What Does this Change Mean to Me?
Composers should take note that this change may require the submission of a complete set of sheet music if it exists. The rule and commentary remains somewhat vague as to whether, with less formal compositions, publication...

Is this Invoice from the Patent & Trademark Organization a Scam?
If you are asking this, the answer is probably yes.
Over the years there has been an ever increasing number of private companies that have taken it upon themselves to offer either non-existent services or services that have no benefit to businesses registering their trademarks. The trademark scam typically starts with a very official looking letter arriving in the mail with a very official name on it like the "Patent & Trademark Agency," Patent & Trademark Organization," or "TPP – Trademark & Patent Publications." The letter mentions a real trademark application and then states that some fee is due to put it on their registry, or to block someone else from registering it on their register. Even if their register or publication exists, it provides no legal protection - it is just a vanity publication. Sometimes these fees are higher than what the person paid for their original application. These documents...

How long does the trademark application process take?
Answer:
While there is no absolute answer - for most applications the trademark application process takes between 8-12 months and can be broken into several stages - each with its own variables.
Step One - Trademark Clearance:
The first step is the one before you file the trademark application. Prior to filings any trademark application, you should take time to review prior registrations that might block your application from being accepted. This can be done by you or by a trademark lawyer. When working with an attorney, this involves discussing the mark and your business, and it typically takes between 1-7 days depending on the type of trademark screening you decide to have done and the attorney's workload.
Step Two - Preparation of Application:
Assuming your trademark is cleared, an application is prepared based on the information you provide, and if working with a trademark attorney, the analysis of the lawyer. You can count on 2-3 days for this...

While no one asked for it - here it is -
2017 Edition of Spooky Trademarks.
SHRED BUNDY - Tasteless on so many levels
LIFE AND DEATH - That's just weird - listed services sound very sophisticated though - "Consultation and advice regarding musical selections and arrangements for sound recordings and live performances"
UNDEAD BETTYS - Roller Derby rocks!!!!!!
SN87504276 - I just like this one due to the cinematographic nature of the description of the image, which I find kinda scary:
The mark consists of seven figures around a four-sided table; six of the figures are animals (from upper right proceeding clockwise: donkey, horse, boar, goat, duck, and lion); between the duck and the lion is a female human (an ale wife/barmaid) wearing a headscarf and holding two tankards that she is bringing to the table; she wears a long apron; on the far side of the table a lion wears a doublet which tied around his waist using a rope belt; the doublet...

I'm a Teacher, so copyright laws don't apply - Right??
Answer
"Face to Face" exception
Well - sometimes. While it is true that there are exceptions to the rules regarding use of copyright protected works by teachers , they are limited.
When setting up the copyright laws, Congress created the "Face to Face" exception which allowed use of protected works for "Performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction." (17 U.S. Code § 110, Emphasis Added). Notably, this exception is loaded with qualifying language that requires the exception to be interpreted pretty narrowly.
Fair Use Guidelines
However, teachers have another option. Like the general public, the rules governing Fair Use can be applied to teaching activities - in fact teaching is specifically called out by the statute as a limitation on the exclusive rights of copyright owners. 17 U.S. Code § 107 . The challenge, of course,...

What are "Related Goods" for the purpose of evaluating Likelihood of Confusion?
Answer
The leading case on evaluating likelihood of confusion is the 1973 case E. I. DuPont DeNemours & Co. In it, the Court sets out a series of factors to be evaluated when determining likelihood of confusion under § 2(d) of the Lanham Act. One of these factors looks to see if the two marks are used on "related goods" or services or if their marketing activities would result in consumer confusion. If the goods are not related at all, or they are NOT marketed in a way where potential consumers would incorrectly create an assumption that they come from the same source, then, even if the marks are identical, confusion is not likely.
When evaluating whether goods are related goods and precluded from registration, courts have repeatedly noted that the question of relatedness requires a showing that the goods are connected in the minds of the consumer. They, in...

From the MN Secretary of State
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NOTICE: Owners of pre-2015 limited liability companies in Minnesota: Upcoming changes to the law will affect your business.
The Office of the Secretary of State (OSS) wants to remind all limited liability companies formed prior to August 1, 2015 that they will become subject to a new law passed by the 2015 Legislature, Chapter 322C, beginning January 1, 2018.
It is recommended that owners contact their attorneys, accountants or other business advisors well before the end of the calendar year to review the impact of the new law.
The new law pertaining to LLCs may bring significant changes to governance and management, operating agreements, and other aspects of your business.
All owners of an interest in an LLC should be aware of the impending law change, and should review the governing documents of the LLC to determine whether any adjustments are necessary. The law does provide certain provisions to smooth the transition to the new law. For further information...

Reprinted From Library of Congress
NewsNet Issue 666, June 1, 2017
Copyright Office Releases an Updated Draft of the Compendium of U.S. Copyright Office Practices, Third Edition
Acting Register of Copyrights Karyn Temple Claggett today released a revised draft of the Compendium of U.S. Copyright Office Practices, Third Edition. This draft includes the first proposed updates to the Compendium since its release in December 2014. The public draft is available on the Office’s website at https://copyright.gov/comp3/draft.html. It will go into effect on July 3, 2017.
The Compendium is the administrative manual of the Register of Copyrights concerning the mandate and statutory duties of the Copyright Office under Title 17 of the United States Code. See 37 CFR. § 201.2(b)(7). The proposed updates are the result of a comprehensive review of the Office’s practices and procedures. The draft revisions to the registration chapters clarify how and when the Office communicates with applicants and how it handles duplicate claims, deposit requirements, and claims involving multiple works, among other improvements....

What are My Trademark Enforcement Options?
Answer: Deciding on the right trademark enforcement options may seem pretty easy, but other options exist.
While trademark owners are not required to sue all trademark infringers, not taking some type of action can weaken the trademark as a "source identifier" and weaken the value of the mark. Trademark Owners who fail to enforce their trademark entirely risk abandoning their rights to the mark. Deciding on your company's trademark enforcement procedure and policy can be very important.
Settlement
The most obvious alternative to litigation is settlement. Settlement can be used as a trademark enforcement tool as well and is always an option. Owners of trademark and infringers may be able to agree to some form of concurrent trademark use where one party uses the trademark in one geographic area, and the other uses it somewhere else. Another option for settling a trademark dispute is for one party to license the rights to the other. Settlement agreements allow senior trademark user to...

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Kunkle Law PLC is a Twin Cities (Roseville) law firm serving clients in greater Minnesota and the Twin Cities metro area, including Minneapolis, St. Paul, and the rest of Hennepin, Ramsey, Anoka, Washington, Carver, Scott, and Dakota counties. Trademark services are provided across the United States, Europe, the middle east, Africa, and Australia.